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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update – August 2016

Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update – August 2016

2nd September 2016

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Waste Act 59 of 2008

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1. National Pricing Strategy for Waste Management. Published in GG 40200 Notice Number 904 dated 11 August 2016.

2. Notice to the Paper and Packaging Industry, Electrical and Electronic Industry and Lighting Industry to prepare and submit Industry Waste Management Plans to the Minister for approval. Published in GG 40207 Notice Number 105 dated 12 August 2016.

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National Water Act 36 of 1998

3. General authorisation for water uses. Published in GG 40229 Notice Number 509 dated 26 August 2016.

4. General authorisation for the taking and storing of water. Published in GG 40243 Notice Number 538 dated 2 September 2016.

5. Integrated Vaal River System: limiting the use of water. Published in GG 40203 Notice Number 910 dated 12 August 2016.

6. Orange River System: limiting the use of water. Published in GG 40229 Notice Number 957 dated 26 August 2016.

7. Olifants Water Management Area: limiting the use of water. Published in GG 40229 Notice Number 958 dated 26 August 2016.

8. Caledon Modder Subsystem: limiting the use of water. Published in GG 40229 Notice Number 959 dated 26 August 2016.

National Heritage Resources Act 25 of 1999

9. Declaration of the Liliesleaf Farm as a National Heritage Site. Published in GG 40243 Notice Number 968 dated 2 September 2016.

The South African National Roads Agency Limited and National Roads Act 8 of 1998

10. Regulations on the exemption from and rebates on the payment of tolls. Published in GG 40189 Notice Number 897 and 899 dated 5 August 2016.

Statistics South Africa

11. Consumer Price Index (CPI) for July 2016. Published in GG 40243 Notice Number 532 dated 2 September 2016.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

12. Conditions of registration of a medicine. Published in GG 40208 Notice Number 916 dated 12 August 2016.

13. Interim adjustment of the single exit price of medicines and scheduled substances for the year 2016. Published in GG 40188 Notice Number 893 dated 5 August 2016.

14. Information to be provided by manufacturers and/or importers of medicines and schedules substances when applying for the interim single exit price adjustment for 2016. Published in GG 40188 Notice Number 894 dated 5 August 2016.

Medical Schemes Act 131 of 1998

15. Amendment to the Regulations. Published in GG 40243 Notice Number 969 dated 2 September 2016.

Health Professions Act 56 of 1974

16. Registration of specialists in occupational medicine. Any person who wishes to register as a specialist in occupational medicine may apply within 12 months from the date of publication of this notice. Published in GG 40188 Notice Number 890 dated 5 August 2016. Please note that this notice was withdrawn with immediate effect in GG 40226 Notice Number 147 dated 24 August 2016.

17. Amendment to the regulations relating to the specialities and sub-specialities in medicine and dentistry. Published in GG 40243 Notice Number 971 dated 2 September 2016.

National Regulator for Compulsory Specifications Act 5 of 2008 (as amended through the Legal Metrology Act 9 of 2014

18. Amendments to the compulsory specification for hot water storage tanks for domestic use. Published in GG 40205 Notice Number 913 dated 12 August 2016.

19. Compulsory specification for Live Lobsters – VC 9104. Published in GG 40217 Notice Number 934 dated 19 August 2016.

Standards Act 8 of 2008

20. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40203 Notice Number 496 dated 12 August 2016.

21. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40243 Notice Number 533 dated 2 September 2016.

Agricultural Product Standards Act 119 of 1990

22. Regulations relating to the grading, packing and marking of apples intended for sale in the Republic of South Africa. Published in GG 40204 Notice Number 911 dated 12 August 2016.

23. Amendment to the standards and requirements regarding the control of the export of peaches and nectarines. Published in GG 40243 Notice Number 515 dated 2 September 2016.

Plants Breeders’ Rights Act 15 of 1976

24. Plant Breeders’ Rights process for the period January 2016 – March 2016. Published in GG 40188 Notice Number 889 dated 5 August 2016.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL
Draft National Legislation and Regulations

National Environmental Management Act 107 of 1998

25. Proposed activities identified that may be excluded from the requirements to obtain an environmental authorisation but that must comply with the Dangerous Goods Standards, 2016. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 40188 Notice Number 891 dated 5 August 2016.

26. Notice of intention to adopt the Dangerous Good Standard, 2016. Interested and affected parties are invited to submit written comments within 30 days of the publication of this notice in the gazette. Published in GG 40188 Notice Number 892 dated 5 August 2016.

National Environmental Management: Waste Act 59 of 2008

27. Proposed amendments to the Waste Tyre Regulations 2009. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 40199 Notice Number 903 dated 11 August 2016.

National Environmental Management: Biodiversity Act 10 of 2004

28. Proposed norms and standards for the management of damage-causing animals. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 40236 Notice Number 512 dated 30 August 2016.

Department of Environmental Affairs

29. Draft Marine Spatial Planning Framework. Interested persons are invited to submit written comments within 30 days from the date of publication. Published in GG 40219 Notice Number 936 dated 19 August 2016.

Astronomy Geographic Advantage Act 21 of 2007

30. Notice of public hearings on the proposed Karoo Central Astronomy Geographic Advantage Areas Regulations. Any interested or affected party who wishes to make oral representations at the public hearings must inform the contact person in the gazette on or before 20 September 2016. Published in GG 40215 Notice Number 920 dated 18 August 2016.

Civil Aviation Act 13 of 2009

31. Proposed amendment to the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 12 September 2016. Published in GG 40206 Notice Number 914 dated 12 August 2016.

32. Proposed amendment to the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 5 September 2016. Published in GG 40189 Notice Number 898 dated 5 August 2016.

Revised Draft Policy and Bill on the Preservation and Development of Agricultural Land

33. All interested institutions, organisations and individuals are invited to attend consultation workshops scheduled to take place in September 2016. Published in GG 40247 Notice Number 984 dated 2 September 2016.

Health Professions Act 56 of 1974

34. Proposed regulations defining the scope of the profession of radiography. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 40243 Notice Number 970 dated 2 September 2016.

Medicines and Related Substances Act 101 of 1965

35. Draft dispensing fee for pharmacists. Interested persons are invited to submit written comments within 3 months of publication of this notice. Published in GG 40188 Notice Number 895 dated 5 August 2016.

National Research Foundation Amendment Bill 2015

36. Members of the public are invited to submit written comments within 60 days of the date of publication of this notice. Published in GG 40188 Notice Number 475 dated 5 August 2016.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

37. Proposed regulations relating to the labelling, advertising and composition of cosmetics. Interested persons are invited to submit written comments within 3 months of publication of this notice. Published in GG 40216 Notice Number 921 dated 19 August 2016.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL
Provincial Legislation and Municipal By-Laws

Mpumalanga Province

38. National Environmental Management: Biodiversity Act 10 of 2004: list of final approved tariffs.  Published in PG 2718 Notice Number 76 dated 5 August 2016.

Western Cape Province

39. West Coast District Municipality: repeal of by-laws. Published in PG 7656 dated 29 July 2016.

40. City of Cape Town: Air Quality Management By-law. Published in PG 7662 dated 17 August 2016.

41. City of Cape Town: Events Amendment By-law. Published in PG 7664 dated 19 August 2016.

KwaZulu-Natal Province

42. Extension of the declaration of a provincial state of disaster. Published in PG 1714 Notice Number 148 dated 10 August 2016.

43. Msunduzi Municipality: Problem Building By-law. Published in PG 1721 Notice Number 116 dated 25 August 2016.

44. eThekwini Municipality: Waste Removal By-law. Published in PG 1722 Notice Number 117 dated 25 August 2016.

45. eThekwini Municipality: repeal of old and redundant by-laws. Published in PG 1710 Notice Number 110 dated 4 August 2016.

Gauteng Province

46. City of Tshwane Metropolitan Municipality: Correction to the Fire Brigade Service By-law 2016. Published in PG 267 Notice Number 1327 dated 12 August 2016.

47. City to Tshwane Metropolitan Municipality: Waste Management By-law. Published in PG 274 Notice Number 1393 dated 24 August 2016.

48. City of Johannesburg Metropolitan Municipality: Municipal Planning By-law. Published in PG 255 Notice Number 1240 and 1242 dated 3 August 2016.

49. City of Johannesburg Metropolitan Municipality: By-law for the Formation of Johannesburg Investment and Tourism as a Service Utility. Published in PG 278 Notice Number 1447 dated 31 August 2016.

50. Promotion of Access to Information Act 2 of 2000: Promotion of Access to Information Manual: Department of Road and Transport. Published in PG 278 Notice Number 709 dated 31 August 2016.

Eastern Cape Province

51. Mbizana Municipality: in terms of the Municipalities Spatial Planning and Land Use Management (SPLUMA) By-law, the Council has adopted new Land Use Scheme Regulations. Published in PG 3723 Notice Number 147 dated 24 August 2016.

52. Promotion of Access to Information Act 2 of 2000: Promotion of Access to Information Manual: Province of the Eastern Cape Provincial Treasury. Published in PG 3726 Notice Number 191 dated 29 August 2016.

53. Promotion of Access to Information Act 2 of 2000: Notice in terms of section 15 of the Act: Province of the Eastern Cape Provincial Treasury. Published in PG 3726 Notice Number 191 dated 29 August 2016.

North-West Province

54. Moretele Local Municipality: Waste Management By-law and Environmental Management By-law. Published in PG 7682 Notice Number 145 dated 23 August 2016.

55. Moses Kotane Local Municipality: Environmental By-law. Published in PG 7685 Notice Number 147 dated 30 August 2016.

Limpopo Province

56. Makhdo Municipality: Withdrawal of Notice 56 of 3 June 2016 relating to Draft Swimming Pools By-law and replaced with this gazette relating to the final Safe Guarding of Swimming Pools by-law. Published in PG 2743 Notice Number 104 dated 26 August 2016.

57. Maruleng Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2738 Notice Number 107 dated 12 August 2016.

58. Greater Tzaneen Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2736 Notice Number 26 dated 29 July 2016.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL
Draft Provincial Legislation and Municipal By-Laws

North-West Province

59. Final Draft Environmental Management Framework for the Dr Kenneth Kaunda District Municipality.  Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in PG 7677 Notice Number 143 dated 2 August 2016.

60. Final Draft Environmental Management Framework for the Greater Taung Local Municipality.  Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in PG 7677 Notice Number 144 dated 2 August 2016.

Northern Cape Province

61. Proposed revision and amendment of the Spatial Development Framework of the !Kheis Municipality. Interested and affected parties are invited to submit written comments before 7 October 2016. Published in PG 2035 Notice Number 77 dated 15 August 2016.

Western Cape Province

62. Extension of time to submit written comments on the Draft Breede River Estuarine Management Plan until 21 October 2016. Published in PG 7663 Notice Number 325 dated 19 August 2016.

Limpopo Province

63. Intention to declare respective land parcels as nature reserves. Members of the public are invited to submit written comments within 60 days from the date of publishing this notice. Published in PG 2743 Notice Number 105 dated 26 August 2016.

SECTION F: PARLIAMENTARY MONITORING

Introduction:
The Constitution describes four kinds of bills, namely:
Section 74 bills: constitutional amendments.
Section 75 bills: ordinary bills not affecting the provinces. Once a Section 75 bill has been passed by the National Assembly (NA), it is referred to the National Council of Provinces (NCOP). If the NCOP amends the bill or rejects it, it is referred to the NA, which may pass the bill again, with or without amendments, and submit for the President’s assent. In other words, the NA can pass a Section 75 bill even if the NCOP disagrees.
Section 76 bills: ordinary bills affecting the provinces. The NCOP and the NA both consider Section 76 bills.
Section 77 bills: money bills (must be introduced by the Minister of Finance in the NA).
Each type of bill has a different passage to becoming law and usually fits into only one category. If a bill does not fit clearly into one category, or if it fits into more than one category, it is usually redrafted or split into more than one bill, e.g., the NEM: Biodiversity Bill which was split into the NEM: Biodiversity Bill and NEM: Protected Areas Bill. Both of these have now been enacted.
(http://www.pmg.org.za/ and http://www.parliament.gov.za/live/index.php)

Sustainability Related Legislative Programme: Parliament of South Africa

BILLS BEFORE PARLIAMENT (as of 2 September 2016):

1. National Forests Amendment Bill (B11 of 2016)
2. National Land Transport Amendment Bill (B7 of 2016)
3. Plant Improvement Bill (B8 of 2015)
4. Plant Breeders Rights Bill (B11 of 2015)
5. Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)

This Legal Brief should not be regarded a comprehensive discussion of the topics addressed and, in particular, should not be taken as legal advice or relied upon. For further information please contact: lulu@warburtons.co.za

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